The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1887-05-18
TIE CASE.
The Hearing in hugrSta-ihc Prisoner IL Dis.
charged but Re-arrcstcd.

The Hearing In hugusta--rhc Prisoner IL Dis
charged but Ee-arrcstcd.
The proceedings on the writ Of haJeaS
corpus in the case of L. \. Blackwood, of
Aiken, who was kidnapped by Stone and
McNally, came of before Judge lioncy in
Augusta Wednesday. The most important
paper submitted BY the petitioner was the
affidavit of bis wife, Mrs. Susan T.. Black
wood. She swcars, in substance, that
Stone and McNally went to her house on
the night of the 9th of March and asked
for a glass of water, and when it was
handed them by her husband he was seized
violently by the arm by McNally, while
Stone pointed a pistol at him and hand
cuifcd him. When he asked for what he
was arrested they refused to produce any
authority, and simply stated that they wcrt
authority themselves That both mcr
acted in Il rude, boiSterOus and threatening
manner. After arrcsting him they searched
the house, and besides taking $50 in money
they took one silver watch, one razor, ono
pistol and one set of knives ard forks,
nonc of which have been returned. Be
fore they left the house BlaCkwO0d en-.
and alone, when they refunded her $l5.
That before her husband was taken away
by the persons above named, us their priS-
oncr was in irons, he rCmonstr, ted with
them, and remarked TO them that if they
had given him their authority when they
first arrested him and had not placed him
in handouts, he might have chccrfully
gone with them.
BlaCkwOOd was then put on the stand,
and he testified rs follows:
Il nave been living in Aiken county
since last August. On the night of the 9Th
March Stone and McNally came TO my
house, asked for a glass of water, and when
| gave 1t to them, Stone lcvclCd Il pistol at
my head, handcuircd me, took me into the
house, searched it, and took almost every.
thing | had, such as money and silvcrwarc.
McNally wanted TO take some icwclry, but
Stone told him it was my wllc's, and he
left it. They then brought me to Augusta,
not taking the handouts oil til we crossed
the river. On the 10Th, seven days after
my arrest, Deputy Sheriff Campbell came
to the Jail and served a warrant, and on
coming from the jail to-day, Il few minutes
after 5 O'clock, he served another warrant
on me-, Il bench warrant. When arrested.
| told them | did not want to come, but if
they had authority to bring me | should
nave TO come. On the way to Williston
we met Mr.. Guntcr. He askcdm me if | was
going to leave the country. | told him |
did not want to, but these men had mt
~handcuiTCd and | could not help it,"
otOiiS "'Np IN l"b VII lIIN plUt!Nl NlIJN III
stated that he did not know it was unlaw.
full to arrest BlackwOod as he did; tina;
such mode of arrest was common: that he
did not draw his pistol: and that Black.
wood came along voluntarily.
McNally swOrc that BlackwOOd came of
on his own free will and accord, and rela-
ted the story of how a forged note was
passed ON him as published.
Mr.. Ilyams, OF the Augusta Eceninq
Nens, swore that on the morning that
Blackwood reached Augusta he said to him
he did not object to coming to Augusta.
Chief TwiggS and Lieut.. Hood sworc
that Stone told them in the presence of
BlaCkwOod that he made no objection to
coming ard BlackWOOd said nothing.
The case was argued by Major Gary for
South Carolina and by Solicitor Wright
for Georgia. The Court then adjourned
till Thursday.
After hearing further argument on
Thursday Judge lioncy rendered his
decision. After stating his views of the
comfy between States, he said:
The highest aim of a government is TO
protect its citizens. No person shall be dc,
priycd Of life or liberty, except by due
process of law. The question arises, shall
n citizen Of one State set aside the laws of
cXtraditiOn and go into another State and
arrest a citizen without due process of law?
'If the Courts Of Georgia or any other
State recognize this, it would set at naughL
the provisions Of the Constitution. If a
criminal goes into another State, the way
to get him is by a rcGuisition.
Then the question is brought up as TO
whether or not the arrest of BlackwOod was
according to law Was he deprived of his
liberty by due process Of law? If so, he
should not be rcmandcd; but if not so. he
should be.
""rhe facts, rs elected by the testimony,
arc that when Blackwood was arrested it is
conceded that at that time Stone and Nc
Nally were not armed by due process of
law. The question is whether or not Black
wood was oytraditcd. 1t is an unpleasant
duty to pass upon facts, This man was
not only not arrested by due process Of law,
but was arrested Illegally. The affidavit of
Mr.. Altman is to the effect that he warned
them they were not making the arrest in
accordance with the law. Their reply was
that they would take chances. lam Obliged
to hold he did not come voluntarily, and
shall therefore remand the prisoner
Judge ROncy afterwards issued an order
that BlaCkwOOd be delivered to the Sheriff.
to be by him taken TO South Carolina and
there released and discharged from custody. |
Accordingly late in the afternoon Deputy
Sheriff Campbell took Blackwood to Sand
Bar Ferry, where he was released, but was |
rearrested by COnstablcs Specs and Van
dever, an officer from Augusta having gone
over ahead and had n warrant for his arrest /
issued by Trial Justice Mason, of Beech
Island. When arrested, the constablcs took
him to Aiken, where he will be confined in
Jail until q reQuisition can be obtained from
the Governor of Georgia and be honored
by the Governor Of South Carolina.
- - u
IL fo ranorfn1 tbot Sarah rnhar hoo j